Nork et al v. Designed Cookies, Inc.

Filing 54

ORDER continuing hearing re 53 Stipulation filed by Designed Cookies, Inc., Set/Reset Deadlines as to 53 Stipulation, 30 MOTION to Compel Arbitration. Motion Hearing set for 3/19/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 2/4/2010. (be, COURT STAFF) (Filed on 2/5/2010)

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

JOEL D. SIEGEL (SBN 171919) SONNENSCHEIN NATH & ROSENTHAL LLP 601 South Figueroa Street, Suite 1500 Los Angeles, California 90017-5704 Telephone: [phone] Facsimile: [phone] [e-mail] KAREN C. MARCHIANO (SBN 233493) SONNENSCHEIN NATH & ROSENTHAL LLP 525 Market Street, 26th Floor San Francisco, CA 94105-2708 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant DESIGNED COOKIES, INC.

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Case No. CV 09-5336 CRB

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DEBORAH NORK, LEE ROBERTS and BAKER'S BOUQUET, Plaintiffs, vs. DESIGNED COOKIES, INC., Defendants.

No. CV 09-5336 CRB STIPULATION AND [PROPOSED] ORDER CONTINUING THE HEARING DATE ON DESIGNED COOKIES INC.'S MOTION TO COMPEL ARBITRATION IN CALIFORNIA BEFORE THE AMERICAN ARBITRATION ASSOCIATION Current Hearing Date: Feb. 19, 2010 Time: 10:00 a.m. Courtroom No. 8 Proposed New Hearing Date: March 19, 2010 Time: 10:00 a.m. Courtroom No. 8 Honorable Charles R. Breyer

-1Stipulation To Continue Hearing Date On Motion To Compel Arbitration

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

Pursuant to Civil Local Rule 7-7(b) of the United States District Court for the Northern District of California, Plaintiffs Deborah Nork, Lee Roberts, and Baker's Bouquet ("Plaintiffs") and Defendant Designed Cookies, Inc. ("DCI"), by and through their respective counsel, hereby stipulate and agree to the following: On January 15, 2010, Defendant DCI filed a Motion To Compel Arbitration In California Before The American Arbitration Association, And To Dismiss Or Stay The Action Pending Arbitration ("Motion To Compel Arbitration"). DCI's Motion To Compel Arbitration is presently set to be heard on February 19, 2010, and DCI's Reply Brief In Support of DCI's Motion To Compel Arbitration is due to be filed and served on Friday, February 5, 2010. The parties are currently engaged in settlement discussions. The parties agree that in the interests of judicial economy, to preserve the parties' resources, and to facilitate settlement discussions, the hearing on DCI's Motion To Compel Arbitration should be continued to March 19, 2010, and the deadline to file and serve DCI's Reply Brief In Support of DCI's Motion To Compel Arbitration should be extended to March 5, 2010. This is the first stipulation to modify the hearing date on DCI's Motion To Compel Arbitration. The requested extension on the hearing date will not affect the schedule for the case. Dated: February 3, 2010 SONNENSCHEIN NATH & ROSENTHAL LLP KAREN C. MARCHIANO, ESQ.

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By:____________/S/ Karen C. Marchiano _______ Karen C. Marchiano Attorneys for Defendants DESIGNED COOKIES, INC.

Case No. CV 09-5336 CRB

-2Stipulation To Continue Hearing Date On Motion To Compel Arbitration

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

Dated: February 3, 2010

ZARCO EINHORN SALKOWSKI & BRITO, P.A. ROBERT ZARCO, ESQ.

By:____________/S/ Robert Zarco__________________ Attorneys for Plaintiffs DEBORAH NORK, LEE ROBERTS AND BAKER'S BOUQUET

ATTESTATION CLAUSE I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories.

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By:____________/S/ Karen C. Marchiano KAREN C. MARCHIANO

___

Case No. CV 09-5336 CRB

-3Stipulation To Continue Hearing Date On Motion To Compel Arbitration

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

DECLARATION OF KAREN C. MARCHIANO I, Karen C. Marchiano, declare as follows: 1. I am an attorney at law duly admitted to practice before this Court and am an

associate of the law firm of Sonnenschein Nath & Rosenthal LLP, counsel of record for Defendant Designed Cookies, Inc. ("DCI"). I make this declaration in support of the attached Stipulation and [Proposed] Order Continuing The Hearing Date On Designed Cookies Inc.'s Motion To Compel Arbitration In California before the American Arbitration Association And To Dismiss Or Stay The Action Pending Arbitration. I have personal knowledge of the matters set forth herein and could competently testify to them if called upon to do so. 2. On January 15, 2010, DCI filed a Motion To Compel Arbitration In California

Before The American Arbitration Association, And To Dismiss Or Stay The Action Pending Arbitration ("Motion To Compel Arbitration"). 3 DCI's Motion To Compel Arbitration is presently set to be heard on February 19,

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2010. DCI's Reply Brief In Support of DCI's Motion To Compel Arbitration is due to be filed and served on Friday, February 5, 2010. 4. The parties are currently engaged in settlement discussions. The parties agree that

in the interests of judicial economy, to preserve the parties' resources, and to facilitate settlement discussions, the hearing on DCI's Motion To Compel Arbitration should be continued to March 19, 2010, and the deadline for DCI's Reply Brief In Support of DCI's Motion To Compel Arbitration should be extended to March 5, 2010. 5. This is the first stipulation to modify the hearing date on DCI's Motion To Compel

Arbitration. This Court previously extended the deadline for DCI to respond to the complaint. 6. case. I declare under penalty of perjury that the foregoing is true and correct. Executed this 3rd day of February, 2010 in San Francisco, California. By:______________/S/ Karen C. Marchiano_________________ Karen C. Marchiano
Case No. CV 09-5336 CRB -4Stipulation To Continue Hearing Date On Motion To Compel Arbitration

The requested extension on the hearing date will not affect the schedule for the

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Case No. CV 09-5336 CRB

[PROPOSED] ORDER Pursuant to the parties' stipulation and Local Rule 7-7(b) and good cause appearing, it is hereby ordered that the hearing on Designed Cookies Inc.'s Motion To Compel Arbitration In California Before The American Arbitration Association And To Dismiss Or Stay The Action Pending Arbitration shall be continued to March 19, 2010 at 10:00 a.m. in Courtroom 8. Any reply brief in support of Designed Cookies Inc.'s Motion To Compel Arbitration In California Before The American Arbitration Association And To Dismiss Or Stay The Action Pending Arbitration shall be filed and served via ECF on or before March 5, 2010. IT IS SO ORDERED.

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

Dated: ______________ Feb. 4, 2010

_______________________________________________ HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT D RDERE COURT JUDGE

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-5Stipulation To Continue Hearing Date On Motion To Compel Arbitration

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